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HomeMy WebLinkAboutA080817 BUTTE COUNTY M BOARD OF SUPERVISORS EMBERS OF THE BOARD BILL CONNELLY,CHAIR,DISTRICT 1 REGULAR MEETING AGENDA LARRY WAHL,DISTRICT 2 u MAUREEN KIRK,DISTRICT 3 AUGUST 8, 2017 STEVE LAMBERT,DISTRICT C A L F SAF R t4 I A "` DOUG TEETER,DISTRICT 5 9:00 AM PAUL HAHN CHIEF ADMINISTRATIVE OFFICER MEETING LOCATION BRUCE ALPERT,COUNTY COUNSEL CLERK OF THE BOARD BOARD OF SUPERVISORS CHAMBERS 25 COUNTY CENTER DRIVE,SUITE 205 OROVILLE,CALIFORNIA 95965-3380 1. CALL TO ORDER Pledge of Allegiance Observation of a Moment of Silence 2. CORRECTIONS AND/OR CHANGES TO THE AGENDA 3. CONSENT AGENDA 3.01 Resolution Terminating the Agriculture Weights and Measures Revolving Fund - The Butte County Board of Supervisors adopted Resolution No.79-166 on August 14, 1979,establishing the Agricultural Commissioner, Division of Weights and Measures Revolving Fund in the amount of $300 for the purpose of complying with the Business and Professions Code sections 12001 et seq. An analysis of the Revolving Fund has determined that the fund is no longer needed for County business. Staff recommends that the Board adopt a resolution terminating the Revolving Fund and directing the Agricultural Commissioner to deposit$300 cash from the Revolving Fund into the General Fund—action requested —1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) DIRECT THE AGRICULTURAL COMMISSIONER TO DEPOSIT THE AMOUNT OF $300 FROM THE WEIGHTS AND MEASURES REVOLVING FUND INTO THE COUNTY GENERAL FUND. (Agriculture Department) 3.02 Proclamation of Child Support Awareness Month - The Butte County Department of Child Support Services requests the Board of Supervisors adopt a resolution proclaiming August 2017 as Child Support Awareness Month — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Child Support Services) 3.03 Contract with Xpio Group Health, LLC for Technical Support in Compliance with Privacy and Security Regulations - Xpio Group Health, LLC provides consultation services in the area of the Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH), and cyber security. The County periodically needs technical assistance on complicated matters related to these subjects. Staff recommends approval of the managed procurement contract with Xpio Group Health, LLC for a term of July 25, 2017 through June 30, 2020.The contract shall not exceed $50,000, and if services provided under this contract are utilized, the services will be funded out of the individual department budget that contracts for said services — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration/General Services) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 3.04 Approval of Board Minutes-Submitted for approval are the minutes for the July 25, 2017 Board of Supervisors regular meeting — action requested - APPROVE BOARD MINUTES FOR JULY 25, 2017 AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.05 Agreement with California Department of Social Services to Provide Legal Consultation and Legal Representation - Approval is requested to enter into a non-financial agreement with the California Department of Social Services (CDSS) for the provision of legal consultation and representation with administrative appeals cases that involve the child welfare Resource Family Approval (RFA) program.The RFA program provides a unified,family friendly and child-centered approval to replace multiple processes for licensing foster homes, and approving relatives and extended family members as foster care providers. In accordance with State Welfare and Institutions code, the County and CDSS have identified certain legal services and activities to be provided by CDSS in order to expedite the delivery of RFA services to children and non-minor dependents who may reside in an approved resource family home. The term of the agreement is January 1, 2017 through June 30, 2019 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.06 Agreement with Northern Rural Training Employment Consortium for the Delivery of Employment Services - Approval is requested to enter into an agreement with the Local Workforce Development Board. Alliance for Workforce Development (AFWD) operates the "Workforce Development and Placement Centers"at the One-Stop Employment Centers in Chico and Oroville. The centers serve as a common point of access for job seekers, employers, and community members for the purpose of education,training, employment, referral, and support services. In Butte County, the Northern Rural Training Employment Consortium (NoRTEC) represents the Local Workforce Development Board. AFWD is a service provider for NoRTEC. NoRTEC contracts with AFWD to provide workforce development services in six counties, including Butte. In July of 2015, elements of this partnership were mandated by the federal Temporary Assistance for Needy Families Act; the mandate covers how the Department of Employment and Social Services and NoRTEC will collaborate and cooperate in the delivery of services, including a requirement to share costs. Butte County's share of cost is provided in a separate agreement with AFWD for employment resources.The term of the agreement is July 1, 2017 through June 30, 2020 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.07 Retirement Resolution for Patricia Nelson -The Director of the Department of Employment and Social Services requests that the Board of Supervisors adopt a resolution acknowledging the retirement of Patricia Nelson on the occasion of her retirement after 20 years of service on July 14, 2017 — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.08 Award of Contract to State Roofing Systems for Roofing on Portion of 25 County Center Drive The North roof of 25 County Center Drive was replaced approximately 5 years ago and now, the South and East roofs have failed and require reconstruction. Subsequent to the design phase, the County published an Invitation for Bids (IFB) 88-17 on the County website, in local newspapers, and through the contractors exchange. Three bids were received ranging from a low of$694,089 to a high of$846,000. Staff recommends that the Board approve the design, which can be inspected in the General Services office and which includes provision for improved fall protection, and award the $694,089 contract to State Roofing, Inc. from San Leandro. Funding is included in the budget— action requested— 1) AWARD CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE THE PLANS AND SPECIFICATIONS; AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 3.09 Budget Adjustment for the Replacement Well for Fire Station 41 - Highway 99 - Over the past year, General Services has attempted to repair the existing well at Fire Station 41, located at 13871 Highway 99 north of Chico, to eliminate excessive particulate matter making the water quality gritty and unpleasant. Despite rebuilding the pump valves and continual replacement of filters, the existing well is not able to produce water with an acceptable quality. Staff recommends that the Board approve a $30,000 budget adjustment from General Fund contingencies to allow General Services to place a new well and cap the existing well — action requested - APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES(4/5 VOTE REQUIRED). (General Services) 3.10 Budget Adjustment for Architectural Design and Space Planning for the Department of Employment and Social Services - On September 13, 2016, the Board approved a budget adjustment from the Department of Employment and Social Services (DESS) to General Services to provide an evaluation of facilities for DESS to ensure continuity of services over the long term. As plans continue to develop, staff recommends that the Board approve a $20,000 budget adjustment to facilitate necessary planning—action requested-APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (General Services) 3.11 Notice of Completion: Rock Creek Construction, Inc. for Completion of Work at the Oroville Veterans Memorial Park-On July 26, 2016, the Board awarded a $341,898.08 contract to Rock Creek Construction, Inc. to construct the overlook railing and the Wall of Honor at the Oroville Veterans Memorial Park on Montgomery Street.A total of seven change orders,totaling$39,275 or 11.48%, were issued bringing the total contract cost to$381,173.08. In addition to extending the term of the contract,the changes also provide improved granite fastening methodology and increased lighting and security systems. All work under this contract has been completed per plans and specifications. Staff recommends that the Board ratify all seven change orders, accept the work as complete, and authorize the Chair to sign the Notice of Completion — action requested — 1) RATIFY CHANGE ORDERS 1 THROUGH 7; 2) ACCEPT THE WORK AS COMPLETE; AND 3)AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (General Services) 3.12 Resolution to Amend the Salary Ordinance-The Department of Human Resources has prepared a resolution to amend the Salary Ordinance. The following are the sections of the Salary Ordinance to be amended: HUMAN RESOURCES: The Department of Human Resources requests to amend Section 28 Reference I of Ordinance No. 4109 of the County of Butte entitled "Professional Employees' Unit (PEA)" by adding the classifications of Physical Therapy Assistant and Certified Occupational Therapy Assistant.These classification additions have been agreed to by Human Resources and the applicable employee group. The Department of Human Resources is also requesting to amend Section 28 Reference M of Ordinance No.4109 of the County of Butte entitled "Skilled Trades Unit" by adding Fleet Services Vehicle Coordinator.This classification addition has been agreed to by Human Resources and the applicable employee group. CHILD SUPPORT SERVICES: The Department of Child Support Services requests to add one Department Maintenance Coordinator. An internal promotional recruitment will be conducted and the resulting vacancy will be removed at a later Board meeting.These changes will temporarily increase the total allocations by one.There will be no impact to the General Fund. Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 PUBLIC HEALTH: Concurrent with Human Resources request, the Public Health Department is requesting to adjust four of their current flexibly staffed Occupational Therapist, Senior or Occupational Therapist or Physical Therapist, Senior or Physical Therapist to include the newly created classifications of Certified Occupational Therapist, Assistant and Physical Therapy Assistant. By flexibly staffing the positions with the new classifications, there will be more flexibility and opportunity when recruiting for these hard to fill positions.The total department allocations will remain unchanged and there will be no impact to the General Fund. PUBLIC WORKS: Concurrent with Human Resources request, the Department of Public Works is requesting to add one Fleet Services Vehicle Coordinator. An internal promotional recruitment will be conducted and the resulting vacancy will be removed at a later Board meeting. The Department of Public Works is also requesting to delete one vacant Electronic Recycling Attendant and add one flexibly staffed Engineering Technician, Senior or Engineering Technician, Associate or Engineering Technician,Assistant or Engineering Aide.This change will better suit the current and future needs at the Neal Road Recycling and Waste Facility. These changes will temporarily increase the total allocations by one. There will be no impact to the General Fund — action requested-ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.13 Side Letter with Butte County Management Employees Association Regarding Licensure Requirement - Approval is requested for a side letter agreement with the Butte County Management Employees Association (BCMEA) extending the time required to obtain licensure from 5 years to 7 years for staff in the Behavioral Health Clinician I job classification. These changes will better meet the operational needs of the Behavioral Health Department and have been agreed to by BCMEA — action requested - APPROVE SIDE LETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.14 Amendment to Grant Agreement with State Department of Public Health for Women, Infants and Children Program -The Public Health Department currently has a grant agreement with the California Department of Public Health (CDPH)to participate in the Women, Infants and Children (WIC) program. WIC is a federally-funded program that provides supplemental nutritious foods to mothers,infants,and young children.Services provided through the program include nutrition education and the provision of a voucher booklet containing coupons that can be exchanged for designated food items from authorized WIC food vendors. Participants must meet income guidelines and be a pregnant woman, new mother, infant, or child under age five. The Public Health Department has received funding to participate in this program as the Local WIC Agency for many years. CDPH is amending the current grant agreement to make an additional $9,000 available to the department to provide the services listed above over the term on the agreement. The term of the agreement remains October 1, 2015 through September 30, 2019, with a new maximum amount receivable of$6,306,682 ($1,479,568 for federal FY 2015-16, $1,598,167 for federal FY 2016-17, $1,608,466 for federal FY 2017-18, and $1,620,481 for federal FY 2018-19). This reflects an increase of: $0 for federal FY 2015-16, an increase of$3,000 for federal FY 2016- 17, an increase of$3,000 for federal FY 2017-18, and an increase of$3,000 for federal FY 2017- 18.Also included in the amendment are minor changes/corrections to the Scope of Work and an amended budget to reflect the increase in funding—action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.15 Agreement with Butte County Resource Conservation District for Table 2 Trails Assessment - In June 2016, the State of California Department of Parks and Recreation Off-Highway Motor Vehicle Division awarded a Recreational Trails Program grant to Butte County in order to improve the rider access on trails in the Plumas National Forest(PNF).The grant proposes to perform trail assessments to document areas for mitigations among the trails listed in the PNF's August 2010 Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 Record of Decision Table 2. The Butte County Resource Conservation District is willing and able to administer the requirements of the grant by accompanying PNF specialist staff to do the trail assessments and the documentation of any necessary mitigations for environmental, historical, or hydrological situations — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.16 Authorization to Bid Construction for the Temporary Repair of the Centerville Road Slip-out During the January 2017 storms, two large trees fell along Centerville Road and their root-balls took out one lane of the very steep road shoulder. The damage is located approximately a half mile north of the intersection of Centerville Road and Honey Run Road. To accommodate the two way traffic through the damaged area, a temporary traffic signal system was installed to control movements through the narrowed section of road. The ultimate repairs for Centerville Road will take considerable time to design, acquire right-of-way, and implement. The Department of Public Works is implementing an interim step to re-establish two lanes of traffic both for improved emergency access and elimination of the monthly cost of the temporary traffic signal rental. The plan is to install a concrete gravity retaining wall at the damage site that will allow the roadway to be fully opened back to one lane each direction. This work will also allow the site to be stabilized before winter. Staff is currently finalizing work on the plans and specifications to construct the wall. The department recommends the Board provide authorization to bid the work once the plans and specifications are completed. The engineer's estimate is $200,000 for construction. The department is requesting authorization to advertise and solicit bids for the construction of the Centerville Road Storm Damage Repairs, County Project No. 533-5317-06—action requested -AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF THE PROJECT. (Public Works) 3.17 Memorandum of Understanding with the Bureau of Land Management - The Bureau of Land Management(BLM), Redding Field Office and Arcata Field Office are developing a new Resource Management Plan (RMP) that will cover both Field Offices, titled the Northwest California Integrated Resource Management Plan (NCIP).The BLM anticipates thatthe NCIP and associated environmental impact statement (EIS) will take approximately four years to complete. Butte County is eligible to become a Cooperating Agency for the duration of the RMP/EIS process. Cooperating Agency status provides an opportunity for the BLM, Butte County, and other Cooperating Agencies to work together to enhance the BLM's planning efforts. Per the Council on Environmental Quality and Department of Interior regulation, a Cooperating Agency may assist in identifying issues to be addressed (43 CFR 1610.4-1), arranging for the collection and/or assembly of necessary resource, environmental, social, economic, and institutional data (43 CFR 1610.4-3), analyzing data (43 CFR 1610.4-4), developing alternatives (43 CFR 1610.4-5), evaluation alternatives and estimating the effects of implementing each alternative (43 CFR 1610.4-6, and 4-7), and carrying out any other tasks necessary for the development of the environmental analysis and documentation within the Cooperating Agency's special expertise or jurisdiction — action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.18 Notice of Completion for the Lincoln Boulevard Sidewalk Improvement Project - On June 28, 2016, Franklin Construction, Inc. of Chico was awarded the Lincoln Boulevard Sidewalk Improvement contract in the amount of $1,752,964. The pedestrian safety project included implementation of construction traffic controls; clearing and grubbing; constructing concrete curb, gutter and sidewalks; drainage improvements; hot mix asphalt overlay; thermoplastic traffic stripe; thermoplastic traffic markings; and retro-reflective pavement markers. Contract Change Orders (CCO) No. 1 and No. 2 were approved by the Director of the Department of Public Works, as they were within his authority to approve. CCO No. 3 was approved by the Board of Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 Supervisors at its February 28, 2017 Board Meeting. CCO No. 4, in the amount of$18,545.45, modifies the engineer's estimate to reflect the actual quantities of material used during the construction of the project and settles miscellaneous extra work claims.Total change orders for this project, including CCO No. 4 were $166,966.76 (9.52% of the initial construction cost). The total contract cost, after all change orders is $1,919,930.76. This was a difficult construction project because the roadway was widened into the front yards of many private residences causing complications and challenges for the construction team. All contract work has been completed in accordance with the plans and specifications — action requested — 1) RATIFY CONTRACT CHANGE ORDERS NO'S 1 AND 2; 2)APPROVE CONTRACT CHANGE ORDER NO. 4 AND AUTHORIZE THE CHAIR TO SIGN; AND 3) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works) 3.19 Professional Services Agreement with Gallaway Enterprises for Environmental Services on the Las Plumas-Lincoln Boulevard Safe Routes to School -The Department of Public Works executed a Request for Qualifications (RFQ) in 2015 to establish a list of firms to provide Environmental Services for projects the department is responsible for completing.The RFQ process established a list of three firms with the necessary qualifications to perform this type of work. The department has been working on the Las Plumas-Lincoln Boulevard Safe Routes to School(SRTS) project and has gotten to the stage where it is necessary to begin the process of preparing the environmental documents for the project. The department requested cost proposals from the three qualified firms to provide specific environmental and permitting services. Only one firm provided a cost proposal and that firm was Gallaway Enterprises in the amount of$29,260.24. The other firms declined to propose because they could not service the needs of the project in the desired time frame. The Department of Public Works recommends a Professional Services Contract for Environmental Services with Gallaway Enterprises for services including but not limited to environmental studies, wetland delineations, archaeological surveys, CEQA and NEPA documentation, and permitting services for the Las Plumas - Lincoln SRTS project. The term of the agreement is for one year and the estimated costs for services will not exceed $29,260.24— action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.20 Professional Services Agreement with M.T. Hall &Associates, Inc. for Inspection Services on the Septage Facility-On June 27, 2017, the Board awarded the contract for the construction of the Septage Receiving and Storage Facility at the Neal Road Recycling and Waste Facility. Because of the special nature of this construction, which is primarily building type construction as opposed to general engineering, road type construction,staff determined it would be prudent to have the construction management and inspection done by either an individual or firm that has expertise in this type of construction. Because General Services has utilized these type of services for their projects, staff secured the list of firms and individuals General Services utilized in the past and solicited proposal from that list. Staff had interest from two of the six firms, but when they reviewed the plans and contract terms they declined to submit a proposal.Staff then approached M.T. Hall & Associates, Inc. to see if they had the qualifications and interest in the work. M.T. Hall &Associates, Inc.is already under contract with the Department of Public Works for material testing services on other capital projects. M.T. Hall & Associates, Inc. was interested and has provided a proposal. M.T. Hall & Associates, Inc. does have the proper qualifications and can perform the necessary inspection and testing work to insure the project is built in conformance with all applicable building codes and the approved plans and specifications. The term of the agreement is six months for a not-to-exceed amount of$143,600—action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 3.21 Budget Adjustment for County Service Area 4-Sierra Del Oro Road Work-The FY 2016-17 budget for County Service Area (CSA)4 Sierra Del Oro included $400,000 in reimbursement to the Road Fund for road work consisting of the capital project to overlay Creston Road and general CSA drainage maintenance. Due to the exceptional winter with increased drainage maintenance activity and also due to slightly higher overlay costs, reimbursement to the Road Fund has increased.The original overlay estimate was$357,000 and the final cost is$33,101.52 higher,for a total project cost of$390,101.52.The original estimate for drainage maintenance was$43,000 and the final cost is $47,000 higher, for total drainage maintenance cost of $90,000. The Department of Public Works recommends a budget adjustment of$80,101.52 to reimburse the Road Fund for the additional costs — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) 3.22 Budget Adjustment for County Service Areas 102 and 128 for Additional Drainage Work Drainage work for the Meadowlark Acres Subdivision is funded by County Service Area (CSA) 102 and drainage work in the Wildflower Estates Subdivision is funded by CSA 128. More drainage work is required in these areas than estimated when the FY 2017-18 budget was recommended. The Department of Public Works recommends a budget adjustment to use fund balance from each CSA to cover the cost of the additional drainage work in these areas.The budget adjustment for CSA 102 is for $334 and the budget adjustment for CSA 128 is $3,504 — action requested - APPROVE BUDGET ADJUSTMENTS (4/5 VOTE REQUIRED). (Public Works) 3.23 Budget Adjustment for Close Out of Three Chico Drainage Area Fee Funds - During the preparation of the yearly reports for Impact Fee Funds, it was determined that three of the Chico Drainage Fee Areas are now entirely within the City Limits of the City of Chico and the remaining funds should be transferred to the City.The funds will be closed once the payments are made to the City of Chico. This action is consistent with the County's recent actions to both consolidate and eliminate accounts that are no longer needed.The Department of Public Works recommends the following funds be closed and their balances transferred to the City of Chico: Drainage Area #770 - Butte Creek Fund, 5232 - $697.71; Drainage Area #771 - Comanche Creek, Fund 5233 - $1,671.54; and Drainage Area #777 - Pleasant Valley Ditch, Fund 5239 - $241.52 — action requested -APPROVE BUDGET ADJUSTMENT(4/5 VOTE REQUIRED). (Public Works) 3.24 Budget Adjustment for the Road Fund and Updates to the Work Program for FY 2017-18 - SBI Transportation Funding is projected to provide the Butte County Road Fund with an additional $4.525 million dollars, $500,000 was included in the current budget for the traffic signal at East Gridley and Larkin Roads project. While the rules governing the use of these funds are still evolving,the Department of Public Works is required to submit to the State a list of projects that have been approved by the Board of Supervisors and included in the FY 2017-18 Budget. The following remaining projects were derived from the County's Pavement Management System (PMS) program, and from the recommended Work Program: Reconstruction of Hegan Lane Phase II, from the RR Tracks to Dayton Road ($2,000,000); New Skyway Overlay, from the upper Paradise Town limits to Coutolenc Road ($590,000); Oakvale Avenue Overlay, from State Route 162 to Mt. Ida Road ($805,000); and Foothill Boulevard Overlay, from Oro Bangor Highway to Pinedale Avenue ($630,000). The Hegan Lane reconstruction was originally planned to be completed several years ago, but had to be postponed due to lack of funding. The three roads suggested for overlays are roads that are not impacted by DWR's work and that the department's PMS indicates overlaying now will be more cost effective than reconstruction at a later date. In the future, as the procedures for the implementation of SBI are finalized, the department will return to the Board of Supervisors with a more formalized recommendation for the use of the future funding streams. The amended Work Program, which details these projects and the required budget amendment,are included in the staff report and must be approved by the Board Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 8,2017 of Supervisors in order to utilize these funds for County Road projects — action requested — 1) APPROVE WORK PROGRAM; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) 3.25 Agreement and Certification with U.S. Department of Justice for Federal Equitable Sharing Program - The Butte County Sheriff's Office participates in the Federal Equitable Sharing Program. An Equitable Sharing Agreement and Certification is required annually to be sent to the U.S. Department of Justice. The report is for FY 2016-17 and summarizes program activities which resulted in distribution of the cases' forfeitures. During FY 2016-17, the Sheriff's Office purchased body cameras, upgraded the avionics in the Sheriff's helicopters, purchased a canine for the patrol unit, and purchased software — action requested - APPROVE THE EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff) 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at http://www.buttecounty.net/clerkoftheboardZAPPointmentsList.aspx) A. Appointments to Listed Vacancies B. District 4 Appointment to the Richvale Recreation and Park District -Two of the five Board of Directors members of the Richvale Recreation and Park District (District) had terms that ended December 2, 2016, and an additional seat has been vacant for at least two years, leaving the District without a quorum. Directors are elected by the voters within the District, however, no one filed a declaration of candidacy for the November 8, 2016 General District Election to fill any of the vacant positions. Government Code section 1780(h)(1) provides for the Board of Supervisors to appoint enough members to provide the District Board with a quorum, if more than 90 days have passed since the vacancies occurred. Supervisor Lambert requests that Greg Stephens be appointed to fill the position he held until it expired on December 2, 2016. Mr. Stephens' new term will expire once the person who is elected at the November 2018 election has been qualified—action requested—MAKE APPOINTMENT. C. Board Member/Committee Reports and Board Member Comments (Pursuant to California State law,the Board is prohibited from taking action on any item not listed on the agenda) 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer 4.03 Items Removed from the Consent Agenda for Board Consideration and Action 4.04 Teamsters Health Insurance - The Board approved Memorandum of Understandings with Teamsters General and Social Service Worker (SSW) Units in February 2017. Both agreements contained a re-opener regarding health insurance.The County and Teamsters General and SSW Units have met and conferred with respect to transitioning members from CalPERS health insurance to Teamsters health insurance. A tentative agreement was reached on July 24, 2017 after impacted employees voted to move from CalPERS to Teamsters health insurance.The side letters document both the operational changes needed to facilitate the change as well as an adjustment to the employer contribution to health insurance which aligns the County's contribution to the coverage categories offered by Teamsters and eliminates the County's contribution towards retiree health benefits for employees hired after June 30, 2010 and who retire after December 31, 2017.Approval is requested for side letter agreements with Teamsters 137 General and SSW Units regarding members moving from CalPERS health insurance to Teamsters health insurance effective January 1, 2018.Additionally CalPERS requires resolutions Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 approved by the Board of Supervisors to remove the units from CalPERS health effective December 31, 2017 — action requested — 1) APPROVE SIDE LETTER AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:20 am -Application for Outdoor Festival License for Kelly Munson for the Weaving Women's Wisdom Gathering - Kelly Munson, on behalf of the Chico Women's Club, has submitted an application for an Outdoor Festival License at the Lake Concow Campground per Chapter 12, Article III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-33). The festival is proposed for three days, (Friday, Saturday, and Sunday, September 22 - 24, 2017), with events from 12:00 p.m. on Friday to 4:00 p.m. on Sunday. The applicants anticipate to have a total of 280 people each day, which includes volunteers. The festival does not include amplified sound. On-site camping is proposed. Parking is proposed on site. The festival site will be on three parcels (APN 058-350-001, -002, and -003), totaling approximately 60 acres. The festival site is located on the west side of Concow Road, directly across from Ishi Trail (12967 Concow Road, Concow). The Department of Development Services has completed an environmental review of the application, completed a site visit, and determined since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act (CEQA), per Section 15304(e) of the CEQA Guidelines-"Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc." The festival application was circulated to affected County departments and other agencies for their comments and requirements. Recommended festival requirements (conditions) are included in the staff report — action requested - FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF CEQA AND APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC17- 0016 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services) 5.02 9:30 am— Economic Development Update A. Update to the Butte County Regional Economic Development Strategy for 2017 through 2020 Butte County General Plan 2030, adopted by the Board of Supervisors on October 26, 2010, included an Economic Development Element.The Element details the goals, objectives, and action items associated with economic development planning over the next twenty years. Action Items ED.A1.1 calls for the creation of a "bold, powerful,forward-looking countywide Economic Development Strategy that identifies key sectors and sites for business expansions and programs to achieve that expansion." On January 25, 2011, the Board of Supervisors approved the Butte County Regional Economic Development Strategy. The Strategy was updated on February 11, 2014 for an additional three years. The original Strategy, and the 2014-2017 Update, each provided a three-year program of work based on key initiatives including: 1) Grow existing businesses; 2) Ensure Butte County is a competitive location for new investment; 3) Create a sustainable reputation for the County; and 4) Improve the coordination of regional economic development resources and efforts. The 2017-2020 Update continues with the previously set goals and initiatives, and updates the program of work to include various new action items which will further the economic development efforts of the County over the next three years. The update specifically includes Priority Action items targeting key areas within the County for economic development activity — action requested - APPROVE THE 2017-2020 UPDATE TO THE BUTTE COUNTY REGIONAL ECONOMIC DEVELOPMENT STRATEGY. Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 8,2017 B. Annual Report from Explore Butte County-The Board of Supervisors adopted Resolution No. 15-166 on November 10, 2015 establishing the Butte County Tourism Business Improvement District (TBID). The TBID is now known by the name, Explore Butte County. The TBID was formed in response to petitions from local lodging businesses requesting a sustainable source of funding to promote tourism to Butte County. Lodging businesses collect a 2% assessment on gross short-term room rentals to fund the district's activities. Explore Butte County's primary activity is marketing Butte County as a tourism destination. Explore Butte County is required to present an annual report to the Board of Supervisors each fiscal Year. The annual report will be presented by members from the Explore Butte County Board of Directors—action requested -ACCEPT FOR INFORMATION. C. Update from the Alliance for Workforce Development on Operations in Butte County - As part of the Northern Rural Training and Employment Consortium (NoRTEC), the Alliance for Workforce Development (AFWD) delivers the federal Workforce Investment Act (WIA) programs for Adults, Youth, Dislocated Workers and Businesses throughout Lassen, Plumas, Modoc, Sierra, and Butte counties. The Assistant Director of Butte County Operations for Alliance for Workforce Development, Inc., Luis Moreno,will provide the Board of Supervisors with an update on the status of services provided in Butte County — action requested - ACCEPT FOR INFORMATION. (County Administration) 5.03 10:00 am - Contract with EES Consulting, Inc. for a Technical Study Related to Feasibility of Community Choice Aggregation - In response to concerns voiced by several Butte County businesses, along with action items in the Butte County Regional Economic Development Strategy and the Butte County General Plan, County staff has been researching opportunities to assist both businesses and residents through alternative energy projects and programs.One such program is Community Choice Aggregation (CCA). CCA allows local governments to become an energy purveyor and to purchase electrical energy on the wholesale market from any source. CCA chooses the source of electrical power for the community and sets its own rates. CCA only provides electricity and does not own poles or wires; electricity would continue to be delivered using PG&E transmission and distribution lines. On June 14, 2016, the Board of Supervisors directed staff to have a technical study performed to determine the feasibility of CCA in the Butte County region. In October of 2016, a Request for Qualifications and Proposals was issued and proposals were submitted by two firms, both of whom are from out of the area. Interviews were conducted with both of the firms on February 3, 2017. EES Consulting, Inc., from Kirkland, Washington, was selected as the lowest responsive bidder and the highest ranked by the interview panel. Staff recommend approval of the contract for a term of August 8, 2017 through June 30, 2018. The contract shall not exceed $94,000, and will be funded out of the Utilities Internal Service Fund—action requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 5.04 10:45 am - Workshop to Discuss Options to Either Ban or Regulate Commercial Cannabis Activities - Under current State law, the Board of Supervisors has local authority to ban or regulate commercial cannabis activities up to what is allowed by the State for cultivation, manufacturing, testing, distribution, retail sales, and delivery within the unincorporated area of Butte County. The State does not require applicants for a State license to first obtain a local permit or license. Instead, there is a communication process between State agencies and local jurisdictions to ensure only locally approved commercial cannabis activities receive State licenses.The State estimates it will begin issuing licenses on January 1, 2018. Staff recommends the Board of Supervisors exercise its authority for local control after considering options to either Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 ban or regulate commercial cannabis activities, and providing direction to staff to develop applicable ordinances. Staff will develop an ordinance for any activity the Board of Supervisors desires to ban and bring it to a future Board meeting for consideration.Any commercial cannabis activities the Board of Supervisors desires to regulate and permit may require discussion at a future Board meeting to consider regulatory components. After the regulatory considerations are made, staff will develop an ordinance for the Board of Supervisors' consideration. Staff recommends the Board of Supervisors have applicable ordinances in place by January 1, 2018 when the State begins issuing licenses to commercial cannabis businesses —action requested - PROVIDE DIRECTION TO STAFF. (County Administration) 6. BOARD OF SUPERVISORS PUBLIC COMMENT Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. RECESS Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District Board of Trustees. Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES AGENDA AUGUST 8, 2017 1. CALL TO ORDER 2. CONSENT AGENDA 2.01 Thompson Flat Cemetery District-Adoption of FY 2017-18 Budget -On August 10, 1999,the Butte County Board of Supervisors became the Board of Trustees for the Thompson Flat Cemetery District. Daily cemetery business is conducted by the Director, General Services and maintenance and cemetery operations are provided by the Gridley-Biggs Cemetery District through an operational agreement with the County. An expenditure budget in the amount of $11,831 has been prepared for FY 2017-18 covering operation and maintenance of the Thompson Flat Cemetery.A copy of the budget schedule for the District (Schedule 15), which also reflects past revenue and expenditure history, and the Provision for Reserves and Calculation of Fund Balances form are provided in the staff report.A public hearing is not necessary to consider and adopt the budget—action requested -ADOPT THE FY 2017-18 BUDGET AND AUTHORIZE THE CHAIR TO SIGN THE STATEMENT OF PROVISION FOR RESERVES AND CALCULATION OF FUND BALANCES FORM. (General Services) 2.02 Thompson Flat Cemetery District Five-Year Audit Period Resolution -Government Code section 26909(b) allows a Special District with unanimous approval of its Governing Board, unanimous approval of the County Board of Supervisors, and with the recommendation of the County Auditor-Controller, to replace an annual audit with an audit conducted at specific intervals at least once every five years. In the past five years,Thompson Flat Cemetery District revenues have averaged approximately$3,030 with no more than three expense transactions per year. Given the low volume of transactions, the County Auditor-Controller has recommended a five- year audit period. Staff recommends that the Board of Trustees approve a resolution to implement the five-year audit cycle allowed per Government Code section 26909(b)—action requested—1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) DIRECT STAFF TO PLACE THE ITEM ON A SUBSEQUENT AGENDA OF THE BOARD OF SUPERVISORS FOR APPROVAL. (General Services) 3. REGULAR AGENDA(NO ITEMS) 4. PUBLIC COMMENT Comments to the Thompson Flat Cemetery District Board of Trustees on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law,the Thompson Flat Cemetery District Board of Trustees is prohibited from taking action on any item not listed on the agenda. 5. CLOSED SESSION(NO ITEMS) ADJOURNMENT Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the Butte County Board of Supervisors. Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 8,2017 7. BOARD OF SUPERVISORS CLOSED SESSION 7.01 Public Employee Employment, Appointment, Recruitment, Performance Evaluations, Including Goals, Pursuant to Government Code Section 54957: 1. Agricultural Commissioner 2. Behavioral Health Director 3. Chief Administrative Officer 4. Chief Probation Officer 5. Child Support Services Director 6. County Counsel 7. Development Services Director 8. Employment and Social Services Director 9. Human Resources Director 10. Information Services Director 11. Library Director 12. Public Health Director 13. Public Works Director 14. Water and Resources Conservation Director 7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1): 1. County of Butte v. DWR;Third District Court of Appeal Case No. C071785 7.03 Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): 1 potential case. Page 13 Butte County Information and Procedures Concerning the Agenda and Department Heads Board of Supervisors Meetings Agricultural Commissioner: Luis Mendoza Meeting Information: Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.and are Diane Brown held in the Board of Supervisors Chambers,County Administration Building,25 County Center Drive,Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted Dave Houser meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board Behavioral Health: website page Dorian Kittrell Agenda Information: Chief Administrative Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 Paul Hahn hours before each meeting,and is available by mail subscription,e-mail subscription,or at the Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to Chief Probation Officer: Steve Bordin explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act)are available for your review at the County Administrative Office,the Chico,Oroville,and Paradise Child Support Services: libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of Sean Farrell supporting materials can be made for you at a charge to cover costs. The list of communications included with Clerk-Recorder-Registrar the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have of Voters*: been received but not included in the agenda supporting material. Copies of all communications received by the Candace Grubbs Board of Supervisors(excluding documents that are not a public record within the meaning of the Public Records Act)are available at the Administrative Office upon request. County Counsel: Bruce Alpert Agenda Format and Meeting Order: Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order: Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the District Attorney*: Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in Mike Ramsey the back of the board room)and give it to the Clerk of the Board (sitting to the right of the Board)or,when the Chair asks if there is anything anyone would like to remove from the Consent Agenda,stand and approach the Employment&Social podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. Services: Shelby Boston 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. Farm,Home&4-H 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are Advisory: set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time Randall Mutters listed,but will never start before the time listed. Fire Chief: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any Darren Read matter not listed on the agenda. The Board,by law,cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. General Services: 5. Closed Session: the Board is authorized,by law,to meet in a closed session in certain circumstances. This area Grant Hunsicker of the agenda identifies those items that will be discussed during the closed session. Human Resources: Pamela Knorr Public Participation: Information Systems: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow Art Robison members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. Library: The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing Melanie Lightbody of these policies and procedures can be found in the printed booklet agenda, obtained at the County Public Health: Administrative Office,or viewed at the Clerk of the Board website. Cathy Raevsky The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with Public Works: special needs should call the Clerk of the Board at 530-538-7631,Monday through Friday,8:00 a.m.to 5:00 p.m. Dennis Schmidt to request disability-related modifications/accommodations or to request materials in alternate formats. All Sheriff-Coroner*: requests for special accommodations and/or alternative format documents must be made 48 hours prior to the Kory Honea meeting. Treasurer-Tax Collector*: For further information contact the: Peggy Moak Clerk of the Board of Supervisors Water&Resource County Administration Office Conservation: 25 County Center Drive,Suite 200,Oroville,CA 95965 Paul Gosselin 530-538-7631 *Elected Official L_ Page 14